Tampa Federal Criminal Lawyers

Tampa Federal Criminal Lawyers

If you have been charged with a federal crime in Tampa, finding an experienced criminal defense attorney is crucial. Federal crimes often carry severe penalties, so having strong legal representation can make all the difference in your case. This article provides an overview of federal criminal law in Tampa and how a knowledgeable lawyer can defend your rights.

Common Federal Crimes in Tampa

Some of the most common federal crimes charged in Tampa include:

• Drug crimes – Drug trafficking, distribution, manufacturing, etc.
• White collar crimes – Fraud, embezzlement, money laundering, etc.
• Violent crimes – Murder, assault, robbery, etc.
• Weapons charges – Unlawful possession of firearms and explosives
• Sex crimes – Child pornography, sex trafficking, failure to register as sex offender

The Middle District of Florida covers a large area including Tampa, so federal prosecutors here pursue many types of cases. Drug crimes are common due to Tampa’s location as a hub for drug trafficking. Financial and corporate crimes also make up a significant portion of the federal caseload.

Overview of the Federal Court System

The federal court system handles both civil and criminal matters. For criminal cases, law enforcement agencies like the FBI or DEA investigate crimes against federal law. They refer cases to federal prosecutors who decide whether to press charges. Some common investigative tools used by federal agents include:

• Surveillance
• Informants
• Undercover operations
• Grand jury subpoenas – Used to obtain documents and compel testimony
• Search warrants – Allow agents to search property and seize evidence

If charges are filed, the case proceeds in U.S. District Court. Tampa federal cases go through the Sam M. Gibbons U.S. Courthouse. Defendants have the right to a trial by jury, which is overseen by a U.S. District Court judge.

If convicted at trial or through a guilty plea, a federal judge determines the sentence based on the U.S. Sentencing Guidelines and other factors. Appeals of federal convictions and sentences are heard by the U.S. Court of Appeals for the Eleventh Circuit, which covers Florida, Georgia, and Alabama.

Working with a Federal Criminal Lawyer

Retaining a federal criminal defense attorney early in your case is important for several reasons:

• They can negotiate with prosecutors to potentially avoid charges or seek pretrial diversion programs.
• They can challenge issues with the investigation, such as improper searches or lack of probable cause.
• They can advise you on whether to cooperate with investigators or accept a plea bargain.
• They can identify and argue for exceptions and variances in sentencing.
• They can file appeals challenging convictions, sentences, or procedural errors.

An experienced federal criminal lawyer understands the complexities of the federal system and the strategies for achieving the best outcome. For instance, they will know how to interpret federal sentencing guidelines and argue for variances in your case.

In white collar cases, counsel can evaluate the evidence and determine if civil resolution with regulators is possible. They can also negotiate with prosecutors for pretrial diversion programs like deferred prosecution agreements.

Key Defense Strategies in Federal Cases

Some potential strategies federal criminal defense attorneys use include:

• Motion to suppress – Argue evidence was obtained illegally in violation of the Fourth, Fifth or Sixth Amendments. If successful, the evidence can’t be used by prosecutors (Local Rule 1.08).
• Motion to dismiss – Seek to dismiss the indictment by challenging the validity of charges or arguing procedural errors.
• Jury selection – Choose jurors most receptive to the defense theory of the case.
• Investigation – Independently investigate to locate witnesses and evidence that supports the defense.
• Sentencing mitigation – Present evidence and arguments to reduce the potential sentence under federal guidelines.
• Plea negotiations – Work out a plea deal for reduced charges or sentencing recommendations.
• Appeals – Identify issues to appeal, such as lack of evidence, procedural errors or excessive sentences.

An experienced federal criminal lawyer will craft an overall defense strategy incorporating the most effective approaches for your specific case.

How Federal Sentencing Works

Federal sentences tend to be severe, but the court considers many factors under the U.S. Sentencing Guidelines:

• Criminal history
• Defendant’s role in the offense
• Use of weapons or violence
• Financial impact and losses
• Obstruction of justice
• Acceptance of responsibility
• Assistance to prosecutors
• Personal circumstances and characteristics

This results in a recommended range under the Sentencing Table, but judges have discretion to go above or below the guidelines. Experienced counsel will know how to present evidence and arguments to achieve the most favorable sentence.

Appealing Federal Convictions

Under Federal Rule of Appellate Procedure 4(b), defendants have 14 days after entry of judgment to file appeals with the 11th Circuit Court of Appeals. Appeals can challenge:

• Convictions based on insufficient evidence
• Procedural errors in the case
• Incorrect application of federal sentencing guidelines
• Unreasonable or excessive sentences

The appeals court examines the trial record, briefs submitted by both sides, and often hears oral argument. It may affirm the convictions, reverse them, or send the case back for a new trial or sentencing.

Having an experienced federal criminal appeals lawyer is key, as they can identify the best issues to raise on appeal and effectively present arguments to the court.

Why Hire an Experienced Federal Criminal Lawyer in Tampa?

Here are key reasons it is critical to have knowledgeable counsel for a federal case in Tampa:

• They understand complex federal laws and procedures that apply.
• They can argue to suppress evidence obtained improperly.
• They have experience negotiating plea agreements with Tampa prosecutors.
• They know how to mitigate federal sentencing guidelines.
• They can obtain evidence and witnesses to support your defense.
• They can identify and argue viable grounds for appeal.

Don’t take chances with your freedom and criminal record – hire a federal criminal defense attorney who knows how to effectively fight federal charges in Tampa.